TR-92-68 TR-92-68
' A RESOLUTION AUTHORIZING THE MAYOR TO RELEASE A PORTION OF
AN EXISTING FLOWAGE EASEMENT ON LAND OF RICHMOND AGAWAM
REALTY TRUST LOCATED NORTH OF SPRINGFIELD STREET,
FEEDING HILLS, HAMPDEN COUNTY, MASSACHUSETTS
WHEREAS, the Richmond Agawam Realty Trust proposes to
construct a Super Stop & Shop on the north side of Springfield
Street, opposite the Agawam Junior High School; and
WHEREAS, there presently exists upon the site an
easement and flowage rights acquired by the Town of Agawam by
eminent domain on October 17, 1977 for the purpose of accept-
ing storm drainage runoff from the northern portion of Feeding
' Hills, said easement and flowage rights being more particular-
ly described in an instrument recorded with Hampden County
Registry of Deeds Book 4513, Page 167 (See Exhibit A at-
tached) ; and
IP T,
WHEREAS, the construction of the proposed Super Stop &
Shop would necessitate the filling of approximately . 1 acre of
this easement as shown on the plan entitled "Easement Plan,
Stop & Shop Supermarket, Agawam, MA, the Richmond Company,
' Inc. " prepared by Baystate Environmental Consultants, Inc. and
dated October 1992; and
' WHEREAS, the Richmond Agawam Realty Trust shall compen-
sate for the loss of the approximately . 1 acre of the easement
and flowage rights by granting to the Town an easement and
flowage rights on and over the entire 5.35 acres on the
northerly portion of land along Springfield Street owned by
Richmond Agawam Realty Trust; and
' WHEREAS, it is in the best interest of the citizens and
the Town to increase the size of the easement and flowage
' rights area to be used for storm drainage detention;
NOW THEREFORE, the Town Council hereby resolves to
authorize the Mayor to release that certain . 1 acre portion of
the existing flowage easement on land of Richmond Agawam
Realty Trust located north of Springfield Street, Feeding
' Hills, as shown and designated on the aforementioned plan as
"Portion of Existing Flowage Easement to be Released (Approxi-
mately . 1 Acre) ".
DATED THIS DAY OF , 1992.
PER ORDER OF THE AGAWAM TOWN COUNCIL
Joanne H. Willis, President
' TO FORM AND LEGALITY
mas S. ocke, Solicitor
0 11 /t,0 ;, -.>CO3L*_*
LX4 1 TOWN Of AGAwm A
IN THE WAN COUNCIL
ORDERED, under the authority of Section 14 of Chapter 49 and of
Chapter 79 of the General Lams, and of all acts in addition thereto and in .
' amendment thereof, and of all power and authority the Town Council hereto
enabling, and an appropriation of money having been duly made for the purpose
by a two—thirds vote of the Town Council, easements and flowage rights in
the following described parcels of land within the Town of Agawam, for the
purpose of a storm drainage system, which easements and flowage rights shall
include the right to increase or decrease the amount of flow in the Philo
Brook Drainage Basin, the right to cause water to flood over the basin to an
elevation 206 feet above wean sea level, the prohibition of the placement
' of any fill within the parcels which would raise the level of the land above
that which exists at the date of recording of this order unless such filling
is required to provide access to other land of the owners in which instance
the filling shall be done under the direct control, and regulation of
the Department of Public 'forks of the Town of Agawam, the right to alter
' the grades, elevations and slopes of said parcels,'- the..right ,to enter- upon
said land to inspect, repair, aaintain and improve said drainage basin and
existing culverts, including the right to cut, trim and remove any and all
trees and shrubbery located within said parcels be and hereby are taken.
Said easements and flowage rights being located in the Pzilo Brook
' Drainage Basin, situated easterly of North Westfield Street, nort4herly of
Springfield Street, southerly of Harvard Avenue and westerly of :.he abandoned
' railroad roadway, said stream serving as a collection stream for `North
Westfield Street drainage, and further being that land within said basin
being at or below an elevation of 206 feet above mean sea level as shown on
a plan consisting of two sheets entitled:
"Plan of
-:_Flowage_Easement
Acquired by
Town of Agawam, Massachusetts
for
Storm Drainage Runoff
North Westfibld Street Project
Philo Brook Watershed
Tighe and Bond Consulting Engineers
Easthampton, Mass.
' Scale 1" 401 Date: September 1976"
s
f
r� The Owners to whom the interest in the land included within said
easements and flowage rights is said now or formerly to belong, areas of the
parcels and the appraised values of the takings, are as follows-.
P.amblin Acres, Inc. 0.1 acres
� 95 s 300,00
Deed Book 3436 page 107
' George C. and Barbara J. Ezekiel 1.150 acres 2 2 0.Oa
Deed Book 2175 pages 376 & 307
5
' Jozef and Maria Kierkla 0.026 acres $ 50.00
Deed Book 3353 Page 551 --
Peter A. , Jr. and Barbara Cecchi 0. 538 acres 3 1,000.00
Deed Book 3512 page 479
Gerald B. Cleary, Harold V. Cleary and Harold V. Cleary,
Conservator of the estate of Elmer P. Cleary 1.850 acres $ 3,000.00
Deed Book 3512 page 479
Hampden County Probate Court #133068
Piccin Realty Corp. 0.046 acres 3 100.00
Deed Book 4337 page 162
The rights to said damages shall be vested upon the recording of
this order as required by lake, and said damage shall be payable according to
law.
That the Town Treasurer be and hereby is authorized to pay said
sums to the owners of the land as specified below, or their heirs, executors,
administrators, successors, or assigns, when the sums shall become due and
payable as provided by law. Said sums shall be paid from- the appropriation
cf 0-240,000 voted by this Torn Council on December
5 De b r 8, 1975, for this project.
That to the o�."zers of the parcel supposed to belong to Rambling
Acres, _nc. t:.ere be awarded damages sustained in property by reason of
t:.e taking of said flowage rights and easement the sum of 3 300.00
That to the owners of the parcel supposed to belong to George C.
and Barbara J. Ezekiel there be awarded damages sustained in property by
reason of the taking o_"_said flowage rights and easement the sum of
3 2.2FD.00
That to the c--ners of the parcel supposed to belongto Jozef
and
Maria Kierkla there be awarded damages sustained in property by reason of
the taking o" =aid flowage rights and easement the sum of 3 50.03
That to the owners of the parcel supposed to belong to Peter A. , Jr.
and Barbara Cecchi there be awarded damages sustained in property 6 P perty by reason
., of the taking of said flow;3ge rights and easement the sum of 3 1,030.00
That to the owners of the parcel supposed to belong to Gerald B.
Cleary, Harold V. Cleary and Harold V. Cleary, Conservator of the estate
of Elder P. Cleary there be awarded damages sustained in property by reason
of the taking of said flowage rights and easement the sum of S 3,040.00
That to the owners of the parcel supposed to beling to Piccin Realty
Corp. , Inc. there be awarded damages sustained in property by reason of the
taking of said flowage right and easement the sum of $ 100.00
Y
That the Town Clerk within 30 days after passage of this order,
certify and cause to be recorded in the Registry of Deeds for Hampden
County, a copy hereof in compliance with Chapter 79 of the Massachusetts
General Laws.
' That iw,.7ediately after the rights to damage become vested, the
'Eden Clerk in the same and on behalf of the Town Council shall give notice
to every person entitled thereto according to the provisions of said Chapter
79.
Adopted by the Agawam Town Council on the 1.7tb day of}nr_tnhPr977
on a call on the roll of the yeas and nays
1 yess 11 hays 4
Attest:
1
Edward A. Caba
Town and Council Clerk
1 _ w
t
&PP
TR-92-68 h.ZbCA-.. r
' A RESOLUTION AUTHORIZING THE MAYOR TO RELEASE A PORTION OF
AN EXISTING FLOWAGE EASEMENT ON LAND OF RICHMOND AGAWAM
REALTY TRUST LOCATED NORTH OF SPRINGFIELD STREET,
FEEDING HILLS, HAMPDEN COUNTY, MASSACHUSETTS
i
WHEREAS, the Richmond Agawam Realty Trust proposes to
construct a Super Stop & Shop on the north side of Springfield
Street, opposite the Agawam Junior High School; and
WHEREAS, there presently exists upon the site an
easement and flowage rights acquired by the Town of Agawam by
eminent domain on October 17, 1977 for the purpose of accept-
ing storm drainage runoff from the northern portion of Feeding �.
Hills, said easement and flowage rights being more particular-
ly described in an instrument recorded with Hampden County --
Registry of deeds Book 4513, Page 167 (See Exhibit A at-
tached) * and
WHEREAS, the construction of the proposed Super Stop & `�
' Shop would necessitate the filling of approximately . 1 acre of.
this easement as shown on the plan entitled "Easement Plan,
Stop & Shop Supermarket, Agawam, MA, the Richmond Company,
Inc. " prepared by Baystate Environmental Consultants, Inc. and
dated October 1992; and
' WHEREAS, the Richmond Agawam Realty Trust shall compen-
sate for the loss of the approximately . 1 acre of the easement
and flowage rights by granting to the Town an easement and
' flowage rights on and over the entire 5.35 acres on the
northerly portion of land along Springfield Street owned by
Richmond Agawam Realty Trust, and
WHEREAS, it is in the best interest of the citizens and
the Town to increase the size of the easement and flowage
' rights area to be used for storm drainage detention;
01-- -. CCU — AcrL. f-�' _
Qt 00pt- QQ
1
L
NOW THEREFORE, the Town Council hereby resolves to
authorize the Mayor to release that certain . 1 acre portion of
the existing flowage easement on land of Richmond Agawam
Realty Trust located north of Springfield Street, Feeding
Hills, as shown and designated on the aforementioned plan as
"Portion of Existing Flowage Easement to be Released (Approxi-
mately . 1 Acre) ".
DATED THIS _ TFN_TH _ DAY OF PCEMBEB , 1992.
PER ORDER OF THE AGAWAM TOWN COUNCIL
' Joanne H. Willis, President
l
Noc
ORM AND LEGALITY
mas C7S Solicitor
e
MAYORAL ACTION
'Peceived this TENTH
day ofDE-CMEAER 1992
from Town Council Clerk. IGNED BY COUNCIL. PRESIDENT)
APPROVAL OF LEGISLATION
18y the powers vested in me pursuant to Article 3, Section 3--
6 of the Agawam Charter. as amended. I hereby approve the
i of
s4Age o ERthe abovel9l�e2islation on this ELEVENTH day
DECEstopher Joh n. Mayor
DI PPROVAL OF LEGISLATION
iBy the powers vested in me pursuant to Article 3, Section 3-
6 of the Agawam Charter, as amended. I hereby veto the
passage of the above legislation on this
day of 1992 for the following reason(s) s
Christopher C. Johnson, Mayor
r
RETURN OF LEGISLATION TO COUNCIL CLERK
' Retur{led to Council Clerk this ELEVENTH day
of MEMBER 1992 .
' /m
1
TOWN OF AGA'4AM
r
IN THE TOWN COUNCIL
ORDERED, under the authority of Section 14 of Chapter 49 and of
Chapter 79 of the General Laws, and of all acts in addition thereto and in .
amendment thereof, and of all power and authority the Town Council hereto
enabling, and an appropriation of money having been duly made for the purpose
by a two-thirds vote of the Town Council, easements and flowage rights in
' the following described parcels of land within the Town of Agawam, for the
' purpose of a storm drainage system, which easements and flowage rights shall
include the right to increase or decrease the amount of flow in the Philo
' Brook Drainage Basin, the right to cause water to flood over the basin to an
elevation 206 feet above mean sea level, the prohibition of the placement
of any fill within the parcels which would raise the level of the land above
that which exists at the date of recording of this order unless such filling
is required to provide access to other land of the ov6ners in which instance
the filling shall be done under the direct control, and regulation of
the Department of Public Works of the Town of Agawam, the right to alter
the grades, elevations and slopes of said parcels,'- the.-.right to enter- upon
' said land to inspect, repair, maintain and improve said drainage basin and
existing culverts, including the right to cut, trim and remove any and all
' trees and shrubbery located within said parcels be and hereby are taken.
Said easements and flowage rights being located in the Pnila Brook
' Drainage Basin, situated easterly of North Westfield Street, nort-Jerly of
LSpringfield Street, southerly of Harvard Avenue and westerly of ;.he abandoned
railroad roadway, said stream serving as a collection stream for 'north
' Westfield Street drainage, and further being that land within said basin
being at or below an elevation of 206 feet above mean sea level as shown on
a plan consisting of two sheets entitled:
"Plan of
' ._Flowage _Ea�ement
Acquired by
Town of Agawam' Massachusetts
' for
Storm Drainage Runoff
North Westfield Street Project
Philo Brook Watershed
Tighe and Bond Consulting Engineers
Easthampton, Klass.
Scale 1" _ 40' Date: September 1976n
1
t
` The Owners to whom the interest in the land included within said
easements and flowage rights is said now or formerly to belong, areas of the
parcels and the appraised values of the takings, are as follows:
Rambling Acres, Inc. 0.195 acres E 300.00
Deed Book 3436 page 107
George C. and Barbara J. Ezekiel 1.150 acres 2,250.00
Deed Book 2175 Pages 306 & 307
Jozef and Maria Kierkla 0.026 acres $ 5 0.00
Deed Book 3353 page 551 —�
Peter A. , Jr. and Barbara Cecchi 0. 538 acres ; 110D0.00
Deed Book 3512 page 479
Gerald B. Cleary, Harold V. Cleary and Harold V. Cleary,
Conservator of the estate of Elmer P. Cleary 1.850 acres 3 3,000.00
Deed Book 3512 page 479
Hampden County Probate Court #133068
Piccin Realty Corp. 0. 046 acres g 100.00
Deed Book 4337 page 162
' The rights to said damages shall be vested upon the recording of
this order as required by law, and said damage shall be payable according to
law.
That the Town Treasurer be and hereby is authorized to pay said
suns to the owners of the land as specified below, or their heirs, executors,
administrators, successors, or assigns, when the sums shall become due and
payable as provided by law. Said sums shall be paid from the appropriation
of ±240,000 noted by this Torn Council on December 8, 1975, for this project.
That to the o--ners of the parcel supposed to belong to Rambling
% .res, Inc. t:.sre be awarded damages sustained in property by reason of
' the taking of said flowage rights and easement the sum of S 3-00.00
That to the owners of the parcel supposed to belong to George C.
and Barbara J. Ezekiel there be awarded damages sustained in property by
reason of the }ak?rg of said flowage rights and easement the sum of
! 2.257.00
That to the owners of the parcel supposed to belong to Jozef and
14aria Kierkla there be awarded dacrages sustained in property by reason of
t`e taking of .sad flowage rights and easement the sum of $ 50.00
That to the owners of the parcel supposed to belong to Peter A. , Jr.
and Barbara Cecchi there be awarded damages sustained in property by reason
of the taking of said flow•3ge rights and easement the sum of S 1,000.0o
That to the owners of the parcel supposed to belong to Gerald B.
Cleary, Harold V. Cleary and Harold V. Cleary, Conservator of the estate
1 of Elmer P. Cleary there be awarded damages sustained in property by reason
of the taking of said flowage rights and easement the sum of 8 3, 000.00
That to the owners of the parcel supposed to beling to Piccin Realty
Corp. , Inc. there be awarded damages sustained in property by reason of the
taking of said flowage right and easement the sum of $ JOC.00
That the Town Clerk within 30 days after passage of this order,
certify and cause to be recorded in the Registry of Deeds for Hampden
County, a copy hereof in compliance with Chapter 79 of the Massachusetts
General Laws.
That immediately after the rights to damage become vested, the
' Tc,Am Clerk in the same and on behalf of the Toem Council shall give notice
to every person entitled thereto according to the provisions of said Chapter
79•
Adopted by the Agawam Town Council on the _ I 7tb day of '977
on a call on the roll of the yeas and nays
Yeas 11 Nays 4
Attest:
r
Edward A. Caba
Town and Council Clark
r